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A02500 Summary:

BILL NOA02500
 
SAME ASSAME AS S01784
 
SPONSORPaulin
 
COSPNSRSeawright, Epstein, Dinowitz, Hevesi, Gonzalez-Rojas, Jacobson, Davila, Simon, Steck, Lee, Weprin, Kelles, Ardila, Bores, Rosenthal L
 
MLTSPNSR
 
Amd §§160.50 & 170.80, CP L
 
Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.
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A02500 Actions:

BILL NOA02500
 
01/26/2023referred to codes
01/31/2023reported
02/02/2023advanced to third reading cal.8
01/03/2024ordered to third reading cal.73
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A02500 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2500
 
SPONSOR: Paulin
  PURPOSE: To expunge the records of those who have been convicted of loitering for the purpose of prostitution   SUMMARY OF PROVISIONS: Section 1 of the bill adds a new subdivision 6 to Section 160.50 of the Criminal Procedure Law to require automatic expungement of criminal records for persons previously convicted under former 240.37 of the Penal Law. Section 2 amends the opening paragraph of subdivision 1, subdivision 2 and paragraph (a) of subdivision 3 of section 170.80 of the Criminal Procedure Law to make a technical correction and remove a reference to the former crime of loitering for purposes of prostitution. Section 3 amends subparagraph (iv) of paragraph (k) of subdivision 3 of section 160.50 of the Criminal Procedure Law to make a technical correction.   JUSTIFICATION: Chapter 23 of the Laws of 2021 repealed section 240.37 of the Penal Law which prohibited loitering for the purpose of engaging in a prostitution offense. This law had long been criticized as being arbitrary and discriminatory, with enforcement disproportionately impacting transgen- der women and women of color. This bill will require automatic expungement of the records of all those convicted of loitering for the purpose of prostitution, meaning that arrests, court records and convictions under that law will be treated as if they never happened. Now that the Legislature has removed this draco- nian offense from our Penal Law, those who carry the wounds of being convicted of this crime must no longer carry evidence of it on their records. This bill also makes certain technical corrections which are necessary following the enactment of Chapter 23 of the Laws of 2021.   LEGISLATIVE HISTORY: A.9159A of 2022, advanced to third reading / S.8776 referred to codes.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A02500 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2500
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, SEAWRIGHT, EPSTEIN, DINOWITZ, HEVESI,
          GONZALEZ-ROJAS, JACOBSON,  DAVILA,  SIMON,  STECK  --  read  once  and
          referred to the Committee on Codes
 
        AN  ACT  to  amend the criminal procedure law, in relation to the former
          crime of loitering for the  purpose  of  engaging  in  a  prostitution
          offense   and   expunging  criminal  records  for  persons  previously
          convicted of such crime
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 160.50 of the criminal procedure law is amended by
     2  adding a new subdivision 6 to read as follows:
     3    6. (a) A conviction for an offense described in former section  240.37
     4  of  the  penal  law as such section was in effect on February first, two
     5  thousand twenty-one shall, on and  after  the  effective  date  of  this
     6  subdivision,  in  accordance  with  the provisions of this paragraph, be
     7  vacated and dismissed, and all records of such conviction or convictions
     8  and related to such conviction or  convictions  shall  be  expunged,  as
     9  described in subdivision forty-five of section 1.20 of this chapter, and
    10  the  matter  shall  be considered terminated in favor of the accused and
    11  deemed a nullity, having been rendered by this paragraph legally  inval-
    12  id.  All  such  records for an offense described in this paragraph where
    13  the conviction was entered on or before the effective date of the  chap-
    14  ter of the laws of two thousand twenty-three that added this subdivision
    15  shall  be  expunged  promptly  and, in any event, no later than one year
    16  after such effective date.
    17    (b) Commencing upon the effective date of this subdivision:
    18    (i) the chief administrator of the courts shall  promptly  notify  the
    19  commissioner  of the division of criminal justice services and the heads
    20  of all appropriate police departments, district attorney's  offices  and
    21  other law enforcement agencies of all convictions that have been vacated
    22  and dismissed pursuant to paragraph (a) of this subdivision and that all
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04882-01-3

        A. 2500                             2
 
     1  records  related  to  such  convictions shall be expunged and the matter
     2  shall be considered terminated in favor of  the  accused  and  deemed  a
     3  nullity,  having been rendered legally  invalid. Upon receipt of notifi-
     4  cation of such vacatur, dismissal and expungement, all  records relating
     5  to such conviction or convictions, or the criminal action or proceeding,
     6  as  the  case may be, shall be marked as expunged by conspicuously indi-
     7  cating on the face of the record and on each page or at the beginning of
     8  the digitized file of the record that the record has been designated  as
     9  expunged. Upon the written request of the individual whose case has been
    10  expunged  or  their  designated  agent, such records shall be destroyed.
    11  Such records and papers shall not  be  made  available  to  any  person,
    12  except  the  individual  whose  case  has been expunged or such person's
    13  designated agent; and
    14    (ii) where automatic vacatur, dismissal,  and  expungement,  including
    15  record destruction if requested, is required by this subdivision but any
    16  record  of  the  court  system in this state has not yet been updated to
    17  reflect same:
    18    (A) notwithstanding any other provision of law except as  provided  in
    19  paragraph  (d)  of  subdivision one of this section and paragraph (e) of
    20  subdivision four of section eight hundred thirty-seven of the  executive
    21  law:
    22    (1)  when  the division of criminal justice services conducts a search
    23  of its criminal history records, maintained pursuant to subdivision  six
    24  of  section eight hundred thirty-seven of the executive law, and returns
    25  a report  thereon,  all  references  to  a  conviction  for  an  offense
    26  described in paragraph (k) of subdivision three of this section shall be
    27  excluded from such report; and
    28    (2) the chief administrator of the courts shall develop and promulgate
    29  rules as may be necessary to ensure that no written or electronic report
    30  of  a  criminal  history  record search conducted by the office of court
    31  administration contains information relating  to  a  conviction  for  an
    32  offense described in paragraph (k) of subdivision three of this section;
    33  and
    34    (B)  where  court records relevant to such matter cannot be located or
    35  have been destroyed, and a person or the person's attorney  presents  to
    36  an appropriate court employee a fingerprint record of the New York state
    37  division  of criminal justice services, or a copy of a court disposition
    38  record or other relevant court record, which indicates that  a  criminal
    39  action or proceeding against such person was terminated by conviction of
    40  an  offense  described  in  paragraph  (k)  of subdivision three of this
    41  section, then promptly, and in any event within thirty days  after  such
    42  notice  to such court employee, the chief administrator of the courts or
    43  his or her designee shall  assure  that  such  vacatur,  dismissal,  and
    44  expungement,  including  record  destruction  if  requested,  have  been
    45  completed in accordance with subparagraph (i) of this paragraph.
    46    (c) Vacatur, dismissal and expungement as set forth in  this  subdivi-
    47  sion  shall be without prejudice to any person or such person's attorney
    48  seeking further relief pursuant to article four hundred  forty  of  this
    49  chapter  or  any other law. Nothing in this section is intended or shall
    50  be interpreted to diminish or abrogate any  right  or  remedy  otherwise
    51  available to any person.
    52    (d)  The office of court administration, in conjunction with the divi-
    53  sion of criminal justice services, shall develop an affirmative informa-
    54  tion campaign and widely disseminate to the public, through its website,
    55  public service announcements and other means, in multiple languages  and
    56  through  multiple  outlets,  information  concerning the expungement and

        A. 2500                             3

     1  vacatur of loitering for the purposes of prostitution convictions estab-
     2  lished by the chapter of the laws  of  two  thousand  twenty-three  that
     3  added  this  subdivision, including, but   not limited to, the automatic
     4  expungement of certain past convictions, the means by which  an individ-
     5  ual  may file a motion for vacatur, dismissal and expungement of certain
     6  past convictions, and the impact of such changes on such person's crimi-
     7  nal history records.
     8    § 2. The opening paragraph of subdivision 1, subdivision 2  and  para-
     9  graph  (a)  of subdivision 3 of section 170.80 of the criminal procedure
    10  law, the opening paragraph of subdivision 1 as amended by chapter 23  of
    11  the  laws  of  2021,  and  subdivision 2 as amended and paragraph (a) of
    12  subdivision 3 as added by chapter 402 of the laws of 2014,  are  amended
    13  to read as follows:
    14    Notwithstanding  any  other  provision of law, at any time at or after
    15  arraignment on a charge of prostitution pursuant to  section  230.00  of
    16  the  penal law, except where, after consultation with counsel, a knowing
    17  and voluntary plea of guilty has been entered to such charge, any  judge
    18  or  justice  hearing  any  stage  of  such case may, upon consent of the
    19  defendant after consultation with counsel:
    20    2. In the event of a conviction by plea or verdict to such  charge  or
    21  charges  of prostitution [or loitering for the purposes of prostitution]
    22  as described in subdivision one of this section,  the  court  must  find
    23  that  the  person  is a youthful offender for the purpose of such charge
    24  and proceed in accordance with article  seven  hundred  twenty  of  this
    25  chapter,  provided,  however,  that  the available sentence shall be the
    26  sentence that may be imposed for a violation as defined  in  subdivision
    27  three  of  section  10.00 of the penal law. In such case, the records of
    28  the investigation and proceedings  relating  to  such  charge  shall  be
    29  sealed in accordance with section 720.35 of this chapter.
    30    (a)  When  a  charge of prostitution [or loitering for the purposes of
    31  prostitution] has been conditionally converted to a person  in  need  of
    32  supervision  proceeding pursuant to subdivision one of this section, the
    33  defendant shall be deemed a "sexually exploited  child"  as  defined  in
    34  subdivision  one  of  section  four  hundred forty-seven-a of the social
    35  services law and therefore shall not be considered an adult for purposes
    36  related to the charges in the person in need of supervision  proceeding.
    37  Sections  seven  hundred  eighty-one,  seven  hundred  eighty-two, seven
    38  hundred eighty-two-a,  seven  hundred  eighty-three  and  seven  hundred
    39  eighty-four of the family court act shall apply to any proceeding condi-
    40  tionally converted under this section.
    41    §  3.  Subparagraph  (iv) of paragraph (k) of subdivision 3 of section
    42  160.50 of the criminal procedure law, as amended by chapter  92  of  the
    43  laws of 2021, is amended to read as follows:
    44    (iv)  the  conviction  was  for  an  offense defined in former section
    45  240.37 of the penal law; or
    46    § 4. This act shall take effect immediately.
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